Law Commons^™

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Resurrecting Retrogression: Will Section 2 Of The Voting Rights Act Revive Preclearance Nationwide?, Noel H. Johnson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Illiberal Democracy: The Toxic Mix Of Fake News, Hyperpolarization, And Partisan Election Administration, Anthony J. Gaughan

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

North Carolina’S Racial Politics: Dred Scott Rules From The Grave, Irving Joyner

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

“The Only Clear Limitation On Improper Districting Practices”: Using One-Person, One-Vote To Combat Partisan Gerrymandering, Allison J. Riggs, Anita S. Earls

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Custody: Kids, Counsel And The Constitution, Amy E. Halbrook

Duke Journal of Constitutional Law & Public Policy

Fifty years ago, the United States Supreme Court in In re Gault held that children have the constitutional right to traditional counsel in cases where their physical liberty interests are at stake. As a result, children are provided counsel during the adjudication phase of delinquency proceedings in order to ensure protection of their rights. Gault did not, however, extend the automatic right to traditional counsel to other contexts in which children most frequently appear in court: family law cases.

This Article explores whether a child’s right to traditional counsel should be extended to children in the private custody context. The …

Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes

Duke Journal of Constitutional Law & Public Policy

This Article examines issues of inequality in education, minority representation, and access to the political process. The Article considers constitutional protections and other legal mechanisms available to racial minorities to nullify or circumnavigate majoritarian voter initiatives that seek to override federal constitutional guarantees and United States Supreme Court holdings on the validity of the use of race in university admissions decisions. Voter initiatives have been used to undermine the socio-economic and political interests of vulnerable communities. In the education realm, affirmative action opponents are increasingly adopting this instrument to defeat race-conscious admissions policies. This Article focuses on several seminal cases …

Arbitrary Detention? The Immigration Detention Bed Quota, Anita Sinha

Duke Journal of Constitutional Law & Public Policy

When President Obama took office in 2009, Congress through appropriations linked the U.S. Department of Homeland Security’s (DHS) funding to “maintaining” 33,400 immigration detention beds a day. This provision, what this Article refers to as the bed quota, remains in effect, except now the mandate is 34,000 beds a day. Since 2009, DHS detentions of non-citizens have gone up by nearly 25 percent. To accommodate for this significant spike over a relatively short period of time, the federal government has relied considerably on private prison corporations to build and operate immigration detention facilities.

This Article takes a comprehensive look at …